When you’re facing a DUI charge in Oklahoma, the stakes are always high. However, when a minor under 18 is a passenger in the vehicle, the charge escalates into a felony with far-reaching consequences. If you or someone you love is in this position, you may be feeling overwhelmed, frightened, and uncertain about the future. Understanding how Oklahoma law treats these charges and what options may be available to you is the first step toward protecting your rights and preparing your defense.
If you are facing a felony DUI in Oklahoma, do not wait to seek help—contact Schumacher Law Group through our online contact form or call (405) 643-4884 today.
What Makes a DUI a Felony in Oklahoma?
In Oklahoma, not every DUI charge is a felony. A first-time DUI without aggravating factors is typically charged as a misdemeanor. However, certain circumstances automatically elevate the offense to a felony.
One of those circumstances is having a passenger under the age of 18 in the vehicle at the time of arrest. This factor significantly raises the seriousness of the charge because the law views it as putting a child’s safety at risk.
In addition to DUIs involving minors, a DUI may be charged as a felony if:
- The driver has multiple prior DUI convictions.
- The driver causes serious injury or death while under the influence.
- The driver is already serving a DUI-related sentence.
Understanding these distinctions can help you see why this situation is treated differently under Oklahoma law.
Penalties for Felony DUI with a Passenger Under 18
The penalties for felony DUI in Oklahoma are harsh, and they extend beyond fines or jail time. If convicted, you face long-term impacts on your future, family, and freedom.
Possible penalties include:
- Prison time: Felony DUIs can lead to significant incarceration.
- Fines: These may reach thousands of dollars.
- Driver’s license suspension or revocation: Losing your license can affect employment and daily life.
- Mandatory treatment programs: Courts often require substance abuse treatment or education.
- Permanent criminal record: A felony conviction will follow you and may limit future opportunities.
When a child is a passenger, judges and prosecutors often push for the most severe penalties available. This is why early, strategic legal representation is so critical.
How Oklahoma Courts View DUIs Involving Minors
Courts in Oklahoma treat DUIs involving minors differently because they are considered child endangerment cases in addition to impaired driving offenses. Prosecutors may pursue enhanced penalties to reflect the perceived increased danger.
This means that if you are facing a felony DUI charge with a passenger under 18, you are not only fighting a DUI allegation but also defending against the perception of putting a child in harm’s way.
Having Norman DUI defense attorneys who understand how prosecutors build these cases is vital to protecting your rights.
Defenses Against Felony DUI Charges
Every DUI case is unique, and there may be several ways to defend against felony charges. A defense strategy will depend on the facts of your case, but common defenses may include:
- Challenging the traffic stop: If the officer lacked reasonable suspicion to pull you over, evidence may be inadmissible.
- Questioning the accuracy of tests: Breathalyzers and field sobriety tests are not foolproof and may be challenged.
- Examining police procedures: Errors in arrest protocols can weaken the prosecution’s case.
- Exploring alternative explanations: Medical conditions or environmental factors may affect test results.
An experienced Oklahoma DUI defense attorney can carefully review your case to identify weaknesses in the prosecution’s evidence and develop a defense tailored to your circumstances.
Why Early Legal Action Matters
Time is not on your side when facing a felony DUI charge, particularly one involving a minor passenger. From the moment of arrest, prosecutors begin building their case. The sooner you reach out for help, the more time your defense team has to investigate, gather evidence, and protect your rights.
Immediate legal action may also help with issues like driver’s license suspension, which often requires fast response deadlines.
Speak With an Oklahoma DUI Defense Attorney Today
If you or someone you care about is facing a felony DUI charge involving a passenger under 18, do not face this alone. The consequences of a conviction are severe, but you have the right to defend yourself and fight for your future.
Contact Schumacher Law Group today through our online contact form or call (405) 643-4884 to speak with Norman DUI defense attorneys who can guide you through every step of your case.